The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1887-12-28

which rises so steep that il is impossible
to turn out on that side
Plain ill., Steep in summer hut not 50
steep in winter with snow four feet,
AS the bank is not 50 steep at that height
But You should have stopped in your door
yard Before YOU got into the road your
driver told you that there was a team
ahead and asked you what he should do.
You said. Drive on TO the Fit Morris
road
Defendant Tue, the driver said
what you say hut not at the place yon say.
He WAS already in the main road and half
way to the Fltz Morris road when he said
that and put me tie question didn't
know before that YOU We're coming. |
didn't look to SEE.
Plaintiff. Gress negligence by your
own admission. You should have looked
ahead There was nothing to prevent
your seeing you should have stopped IN
your own dooryard for me to get by.
Verdict for plaintiff, Sis -
Waltons for plaintiff
Merrill and Colin for defendant.
james Wright V. Edwin Forrest Fair
brother.
An action by lawyer for his fees in
lex Ioyt and Son, in which the writ was
dated Sept. 9TH, lss3, and entered at the
Dec. term Iss3. and continued from term
to term, six terms, till the Sept. term
$50, when on the 2nd day of the term it
was non-suit. and Farblother pa d a bill
of costs to Mr. Merrill, attorney for lIoyt
& Son. of S2l.s9. The sun sued for in
the oase Fairbrothcr ys. Hoyt aud son
was for furniture, S5343, credit $3.50,
leaving a balance so 3. Mr.. Wrlght'S
bill for prosecuting the suit V. IIoyt a
Son, foots up s70.2l, of which s5.li was
for disbursements. 500 for retainer, writ
81, six term fees s24, preparing for trial
$40, and interest $40.
Defense, never employc you to
bring this suit
Reply. You handed me your account
against IIoyt \ 5 II in your own hand
writing which annexed 10 the wilt
Defen ant. The circumstances are
these. Frederick lIoyt went into insol-
vcncy for his personal debts and for debts
as member of the firm of lIoyt y son.
In making out schedule of debts he in
serted my name as a creditor FOR So,
when in fact, | WAS not his creditor |
had book account against his son for "A
balance of S29. 81. When lloyt got his
discharge my name did not appear aS a
creditor. You came to me and said you
could collect for me my bill against lioyt
& Son.
| said no. have no bill against lioyt x Son,
my account was against the son alone. Gu
then said to me, make ont your account against
the firm, they will not dare dispute It because
IA ,,,, ,,s,,ied nm l,wsnit you were well
.Vi1 49, ,,,,,,t, I'M, yan ms, mako no
,,' ~, n'o IN ,oi,r rco,icst made nnt the
occ',,, a,ains II3yt K Son. which Won sued.
/ soo f,,',,J mar von had led mo into trouble
~ Werrill ,broatcnrd IN hiring suit for the cash
,,aIi,ad II, ,, ,ceo,,nt when had transferred
from yanng How 10 Uoyt x Son. | then i'm
,,od;s,ol,. 9f,rr The snit was entered in Court.
wrote vni, 4, lcttcr ztotiuv TINT wanted n writ
,a,, ,,,,;,,arty frn,n yon m snve me harmless in
ho,b cases 9r ~ dron tho snit at once.
Va, thcr c,p,o In me- and said Won could not
r,;ye INV wiring. il wns nysinst the law to take
9,cnoi,,is mn yny Int mar Won wonld do as
you agreed; you SAID dld you ever know me 10
lie gu Keep away from lhf ene,iy, s'eR
away from Meirlil anu YOU WIN 'u.ne ou' a"
right, ana VIII 40 as agreed ulu aetee "
go into Court and swear 10 the account that II
was correct as 10 tie afucies' ou. eou'u no'
swear ag"ihs, my oookS' AT iast WIleh AT t t
sept Term 1901 inc case was coming on Ioi
trial, told you that wanted 10 go 10 inc ntate
talT at bangor you saiu mus. s'"y anu test'',
in the case; to TINS assented. linen you
said what had we better do with the case re-
piled do as you like, it is your own matter; upon
which Won harcd up went into the ain and called
mo liar and said Won would have nothing
,'',ra 70 10 ,,,b tho caso. ca of rourscI did NOT
49,. " ~ !. I'll h,', ioo,, NO. no Ioo,,ld
St'y II ia" " "o''" nav " =" Nv "se' ''',>'
not have sworn down my own BOOKS; so SUP
United to a non-suit anu paid the costs.
Plaintiff. True, you wrote me such Il letter.
| never agreed to collect the bill for nothing,
,.n,, novor made mo a nresnnt of il If you had
,,i H. ,I ,o.,;God 'ard lon, ,,,o,, fro,, Nor
SUN ~ " ny NY ~ ~ ~
the bill.
ne t,o ~, ~ or',ad i,
that tile charHe iuf the le'uiheI was hciSeu III
the other charges, and the burden OF proof was
upon the plaintiff to make out his case by a
prcponderancc of evidence.
Verdict far defendant. Plaintiff files a mo
,;on tn set aside tho verdict
IL - W ;,h - TO- 49,, ,l;.;r